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Home My WebLink AboutO-2004-017 Vacant Unit landscaping 2004ORDINANCE NO. 2004-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LANDSCAPING; CREATING SECTION 26-52.1 OF CHAPTER 26 ("VEGETATION") OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT PARCELS IN RESIDENTIAL NEIGHBORHOODS LEFT VACANT AFTER BUILDING DEMOLITION SHALL BE LANDSCAPED, IRRIGATED, AND MAINTAINED UNTIL RE- DEVELOPED; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that when residential properties have been cleared, due to demolition of buildings and structures, an empty, vacant lot left in such a condition in an otherwise active residential neighborhood, results in aesthetic blight, attracts opportunities for illegal dumping, provides a refuge for vermin and insects, causes dust and dirt to be dispersed throughout the neighborhood and generally tends to contribute to the decline of an otherwise viable neighborhood; and WHEREAS, the City Commission recognizes that in some cases, property acquisition and razing of buildings and related structures are intended to allow for future re -development, but during the interim, the appearance and condition of vacant parcels promotes urban blight and results in overall deleterious visual, economic and social effects upon residents who choose to remain in the area, until re -development is actively underway or until they are legally obligated to leave their homes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Sec. 26-52.1 is created, to be included in Chapter 26 of the City Code of Ordinances, which Chapter is entitled "Vegetation", to provide as follows: Sec. 26-52.1 Landscape requirements for vacant residential properties Any owner of any parcel of land, residentially -zoned or used and located within the City which, after demolition of residential buildings and related structures, is left unimproved, vacant and empty for a period of thirty (30) or more days after the parcel has been cleared, shall be obligated to plant grass or install sod and maintain the trees, shrubs and other landscaping which exist on the property in good condition, keep them sufficiently irrigated, and otherwise maintained as elsewhere prescribed in the Code of Ordinances for the mowing of grass or weeds and clearance of debris and rubbish from I ORDINANCE NO. 2004-017 01 0 vacant lots. A maintenance plan for each such parcel, consisting of plans for irrigation and a schedule for landscaping maintenance, shall be reviewed and must be approved by the Community Services Department, which must include proof that a periodic maintenance program will be undertaken by the owner or its designee, such as a landscape maintenance business. Any person aggrieved by a decision or requirement of the Department may appeal the matter to the City Commission. Section 2. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall be in force and take effect immediately upon adoption. PASSED AND ADOPTED on first reading on March 23, 2004. PASSED AND ADOPTED on second reading on April 27, 2004. ATTEST: 42� �I� -,kha) LOUISE STILSON CITY CLERK L,1A1ry1.____' C.K. MCELY ,gA MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS: BY: TH IT "M�S' i. AR§BlkO C Y ATTORNEY 2 ORDINANCE NO. 2004-017 0 0 CITY OF DANIA BEACH TO: Mayor and Commissioners CC: Ivan Pato, City Manager Larry Leeds, Community Development Director Fernando Vazquez, Public Services Director Miriam Nasser, Acting City Clerk FROM: Tom Ansbro, City Attorney DATE: March 17, 2004 RE: Proposed Ordinances; Security Measures for Vacant Residential Units; Landscaping Maintenance Plans for Residential Properties Cleared After Building Demolition Attached are two ordinances sponsored by Vice -Mayor Mikes to address issues which may arise in the event residential structures are acquired by eminent domain or otherwise in connection with future redevelopment by goverrimental entities, such as Broward County. The first ordinance, to be entitled "Vacant Residential Units to be Secured", extends the security protections currently afforded in the City Code of Ordinances (in Code Section 8- 9) which apply to multiple living units such a apartment buildings, hotels, motels and the like that remain vacant for more than thirty (30) days, to residential units such as single-family homes, duplexes and triplexes. The law will require all window and door openings to be shuttered, and the shutters must be approved by both the Building Official and the Fire Marshal, yet consist of materials that aesthetically harmonize with the neighborhood. If a concentration of such vacant units occurs, such as more than five (5) such units within 2,500 feet from each other, a security plan must be submitted to and approved by the City Commission, to include elements such as lighting, landscaping and evening security guard patrol services. The other proposed ordinance, to be called "Landscape Requirements for Vacant Residential Properties", will require parcel owners to plant grass or install sod on properties 0 Mayor and Commissioners March 17, 2004 Page 2 cleared of demolished residential units thirty (30) days after demolition and require that the lawn as well as any existing landscape be irrigated, maintained and the lot kept free of rubbish and debris pursuant to a maintenance program to be approved by the Community Services Department. An owner who or which disagrees with the Department as to the components of the program will be allowed to appeal the issue directly to the City Commission. The two ordinances are ready for Commission action. 566.028 TJA:slw Attachments is 2 0 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on April 27, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING SECTION 8-10 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "VACANT RESIDENTIAL UNITS TO BE SECURED"; PRESCRIBING SECURITY MEASURES TO BE TAKEN FOR VACANT RESIDENTIAL BUILDINGS AND PROPERTY ACQUIRED FOR NON- RESIDENTIAL RE -USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LANDSCAPING; CREATING SECTION 26-52.1 OF CHAPTER 26 ("VEGETATION") OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT PARCELS IN RESIDENTIAL NEIGHBORHOODS LEFT VACANT AFTER BUILDING DEMOLITION SHALL BE LANDSCAPED, IRRIGATED, AND MAINTAINED UNTIL RE- DEVELOPED; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Louise Stilson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. Run in Sun Sentinel: April 16, 2004 /s/ Louise Stilson City Clerk